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MERCK & COMPANY v. KNOX GLASS, INC.

Civ. A. No. 41416.

328 F.Supp. 374 (1971)

MERCK & COMPANY, Inc., Plaintiff, v. KNOX GLASS, INC., and KL&D Company, Defendants.

United States District Court, E. D. Pennsylvania.

May 28, 1971.

Attorney(s) appearing for the Case

Robert S. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., for plaintiff.

Victor L. Drexel, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for defendants.

OPINION AND ORDER

VAN ARTSDALEN, District Judge.

This indemnity action is submitted for final determination on a stipulation of facts. The legal issue for determination: —Is a manufacturer liable to indemnify an intermediate seller for the costs of defense, including counsel fees, of a products liability case tried under the "strict liability" doctrine of Section 402(a), Restatement of Torts, 2nd. (as adopted in Pennsylvania in Webb v. Zern,

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